도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal (one year and two months of imprisonment, two years of suspended execution) of the lower court is deemed to be too unhued and unfair.
2. The judgment on the grounds of appeal is an unfavorable circumstance to the Defendant, even though the Defendant had been subject to punishment for the same kind of drinking driving crime, and the distance of drinking driving in this case is reasonable, and the Defendant’s blood alcohol concentration at the time is relatively high.
On the other hand, it is favorable to the defendant that the defendant does not repeat again while he reflects his mistake, that the risk of drinking driving is not realized, and that there are some circumstances that can be considered in the living environment of the defendant.
In addition, in full view of the Defendant’s age, character, conduct and environment, motive, means and consequence of the crime, and all of the sentencing factors indicated in the instant records and pleadings, such as the circumstances after the crime was committed, the lower court’s sentence is too unjustifiable.
Therefore, prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.